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Judgment
The petitioner has preferred this misc. petition under Section 482 of Cr. P.C. for the following reliefs :
"It is, therefore, most humbly and respectfully prayed on behalf of petitioner that this misc. petition may kindly be allowed and the order dated 20.12.2018 passed by learned Sessions Judge, Hanumangarh in Revision Petition No.198/2018 (C.I.S. No.204/2018) and the order dated 6.12.2018 passed by learned Additional Chief Judicial Magistrate, Hanumangarh may kindly be quashed and set aside and the application filed by the petitioner under Section 451 Cr. P.C. may kindly be ordered to be allowed."
Counsel for the petitioner submits that on a complaint made by respondent no.2 SHO, P.S. Hanumangarh Town is alleged to have intercepted vehicle No.JK-01-P-4908 and seized 119 sheep and 06 goats whereupon a case under Section 11 of the Prevention of Cruelty to Animal Act was registered. During the course of investigation petitioner moved an application under Section 451 Cr. P.C., before the learned trial court for the release of vehicle alongwith animals, which was partly allowed by the learned ACJM, Hanumangarh vide order dated 06.12.2018 by which the vehicle in-question was ordered to be released, however, the animals were not released in favour of petitioner. Being dis-satisfied against the order dated 06.12.2018 petitioner preferred revision and the learned revisional court vide order dated 20.12.2018 upheld the order of learned trial court, hence, this misc. petition.
Counsel for the petitioner submits that petitioner undertakes to take full care of the animals till the trial is concluded, thus, their custody be handed over to him on 'supurdginama' and he be bound down to ensure that no cruelty is caused to the animals.
Counsel for the respondent vehemently opposed the submission stating that they are Animal Welfare Society and are prepared to keep the animals and take care of them without charging anything from the petitioner.
After hearing learned counsel for the parties, this Court without making any comments on the merits of case thinks it appropriate to release the animals after imposing usual conditions for release of animals in favour of petitioner upon 'supurdginama'
Accordingly, this misc. petition is allowed. The application filed by the petitioner under Section 451 Cr. P.C., is allowed in toto. The order dated 20.12.2018 passed by learned Sessions Judge, Hanumangarh in Revision Petition No.198/2018 (C.I.S. No.204/2018) and the order dated 6.12.2018 passed by learned Additional Chief Judicial Magistrate, Hanumangarh are quashed and set aside to the extent of refusal to give custody of animals in favour of petitioner.